Donna E. Young

Post Race Posthaste: Towards an Analytical Convergence of Critical Race Theory and Marxism

African Americans and other people of color seek redress for their racial injuries. However, if we are living in a post-racial society, one that is blind to race, then widespread redress makes no sense since widespread discrimination allegedly is a thing of the past. Therefore, it is worth asking, “if racial justice is about remembering racial injury, ha[s] our law made that memory impossible, erased by official color-blindness?” This question has been central to the study of law among Critical Race theorists since Critical Race Theory’s (CRT) inception. Therefore, an analytical convergence of CRT and Marxism should help disentangle the morass that is antidiscrimination law. The connection between Marxism and CRT can be appreciated by examining the limitations of civil rights laws in alleviating some of the most pressing social and political stresses on communities of color today. And yet, the connection seems to get lost beneath the din of those who claim that we are experiencing our first post-racial moment in a larger post-Marxist epoch. The aim of this Essay is to examine how a convergence of Marxism and CRT might enhance a critique of the U.S. Supreme Court’s interpretation of race discrimination under Title VII of the 1964 Civil Rights Act.

Two Steps Removed: The Paradox of Diversity Discourse for Women of Color in Law Teaching

In this article, Professor Young examines the effects of diversity discourse on the teaching experience of women of color law professors. She argues that some of the most common arguments in favor of faculty diversity (that increasing faculty diversity provides positive role models, increases sensitivity to racial bias, provides resources for majority faculty members to learn about race and gender issues, and offers diverse perspectives and a more inclusive curriculum) are driven by the interests of the majority but often conflict with the professional interests of women and people of color who enter the academy. The result is that diversity discourse may actually undermine the interests of faculty of color in being considered competent professionals in their particular areas of expertise and may lead to unreasonable expectations that make teaching particularly demanding. Nonetheless, Young argues that diversity does enhance the educational enterprise but requires more than improved faculty statistics. It demands an institutional commitment to celebrate differences, strive for integration, and reject assimilation.